In Canada, workers have three fundamental workplace rights under occupational health and safety legislation: the right to know about workplace hazards, the right to participate in workplace safety, and the right to refuse unsafe work.
The third right is particularly important, as it empowers workers who identify serious, unusual, or unexpected dangers in their work and rightfully refuse to perform it. Nevertheless, it is important to understand how and when it is possible to refuse work so that the worker knows exactly what their rights and obligations are.
Understanding the Right to Refuse Unsafe Work
The right to refuse unsafe work allows employees to refuse tasks or duties they believe present a serious or imminent danger to their health and safety. Occupational health and safety legislation across Canada guarantees such right to ensure that no worker needs to perform tasks under such hazardous conditions. It is a vital component of workplace safety, empowering workers to take an active role in their well-being, but it is not universal. See below some of the conditions that limit such rights:
- Essential services: In sectors like healthcare or emergency services, refusing work could endanger others’ lives. In such cases, an employee’s right to refuse unsafe work must be carefully balanced with the duty to provide essential services.
- Reasonable grounds: The refusal must be based on reasonable grounds. This means the danger must be serious or imminent, not hypothetical or minor. For example, encountering a broken ladder is a valid reason to refuse work, whereas a slight discomfort from an imperfectly ergonomic setup may not qualify.
- Inherent danger: If danger is a common or expected part of the job, then refusing work because of it is not allowed. This is the case for occupations like firefighters and police officers, whose jobs inherently involve certain dangers.
We have created this infographic to make it easier for you to understand whether you have the right to refuse unsafe work in Canada or not, based on simple questions you can answer when assessing your situation:
Steps to Exercise the Right to Refuse Unsafe Work
If you are a worker who identifies a serious hazard, the process to exercise the right to refuse unsafe work in Canada typically includes:
Notification: The first step is to inform your supervisor or employer about your refusal to work and explain the specific hazard or unsafe condition that prompted it. Remember to be clear and detailed in your explanation.
Investigation: Upon receiving the notification, the employer is obligated to investigate the worker’s concern immediately. This investigation should be thorough and aimed at identifying the nature and extent of the hazard. The employer must then take corrective action if necessary.
Resolution: If the issue is resolved, you can return to your normal work schedule. If not, the matter can be escalated to a health and safety committee or government inspector for further review.
HR and Health and Safety: Synergies That Protect Everyone’s Wellbeing
For HR professionals, managers, and safety officers, understanding and supporting the right to refuse unsafe work is crucial. It ensures compliance with legislation and fosters a culture of safety and trust within the organization. As a result, encouraging open communication and swift action on safety concerns can significantly reduce workplace accidents, enhance employee retention and boost morale.
Safety Matters! Citation Canada Is Here to Help
Canadian employees’ right to refuse unsafe work is a fundamental protection and is integral to maintaining safe workplaces. In light of that, by recognizing and upholding this right, organizations both comply with legal obligations and demonstrate a commitment to their employees’ health and safety. For HR and safety professionals, this knowledge is vital for fostering a workplace culture where safety is a shared responsibility and a top priority.
As this can prove to be a complex subject, relying on specialists with a deep understanding of health and safety can be an important asset. Our HR experts are there to help you navigate occupational health and safety legislation, including the right to refuse unsafe work. We offer HR software, HR content, HR support, and hundreds of online training courses that include training on the rights of workers, how to refuse unsafe work, and investigation procedures. With a flexible and accessible platform devoted to education, you can assign and manage training and document completions at your fingertips, all from one secure platform.
Book a free demo at a time that fits your schedule. Our HR experts will provide a free, no-obligation quote tailored to your HR needs in as little as one business day.